Code of Practice on Freedom of Speech

1.1. The Higher Education and Research Act 2017 - as amended by the Higher Education (Freedom of Speech) Act 2023 - requires the University’s governing body to take steps that are reasonably practicable, in order to:

a) secure freedom of speech within the law for staff, members and students of the University and for visiting speakers;

b) secure academic freedom for members of academic staff.

1.2. The University of Staffordshire (the "University") takes its responsibilities in respect of freedom of speech and academic freedom, including the duty to promote the importance of freedom of speech and academic freedom within the law, as codified in the Higher Education (Freedom of Speech) Act 2023, seriously and is committed to doing all it can to promote and protect these principles.

1.3. As part of this, the governing body is required to maintain a Code of Practice on Freedom of Speech. This Code of Practice sets out the rights and obligations inherent in supporting the principles of freedom of speech and academic freedom within the law, and the procedure to be followed by students and staff in connection with the organisation of events and meetings which fall under this Code of Practice.

2.1. This Code of Practice applies to:

a) all members, staff and students of the University;

b) visiting speakers and all other persons invited or otherwise lawfully on the University’s premises; and

c) the organisation of meetings, conferences, assemblies, or similar events that take place on any University premises; as well as those that are organised and sponsored/ approved by the University but held on other premises, whether for University staff or students; the public, or a discrete group or association.

2.2. All persons to whom this Code applies are under an obligation to take no action which would hinder freedom of speech within the law or academic freedom, or which would prevent the University from discharging its duty to secure freedom of speech within the law and academic freedom.

2.3. This Code of Practice applies to all meetings and events (including tutorials, meetings, seminars, lectures, teaching activities, debates, workshops, committee meetings, conferences and musical and theatrical performances whether livestreamed or recorded) and any other activities (collectively referred to as "events") proposed, planned or due to take place on the University’s premises.

2.4. This Code and the External Speaker Policy set out in Annex A also apply to informal or social activities as well as to any more formal meeting or lecture, in person and online. Examples include visiting lecturers invited by academic staff, religious or political representatives speaking on campus, and events such as debates, speeches and conferences taking place using University facilities that have been organised by staff, students, Students Union and external bodies.

2.5. References in this Code of Practice to the "University’s premises" means all premises owned, leased or controlled by the University (including online or virtual classrooms and communication spaces and the Students’ Union).

2.6. This Code of Practice also applies to events hosted by or on behalf of the University on non-University premises.

2.7. For the avoidance of doubt, this Code does not apply to purely commercial meetings, or events on University premises which are independent of the University.

2.8. This Code of Practice will be posted in a prominent position on the University’s intranet and website.

3.1. Freedom of speech means that everyone has the right to express lawful views and opinions freely, in speech or in writing, without interference.

3.2. Freedom of speech within the law is protected. This means that speech will not be protected if it contravenes some other law, and illegal or unlawful acts will not be tolerated by the University.

3.3. The University has a duty to protect its staff and students from unlawful discrimination, harassment, intimidation or threats of violence on the grounds of race, sex, age, religion or philosophical belief, sexual orientation, disability, gender reassignment, marriage and civil partnership, or pregnancy or maternity. However, the provisions of the Equality Act 2010 should not be interpreted to undermine freedom of speech and academic freedom within the law. As a result, students’ learning experience and the working environment of staff may include exposure to research, course materials, discussions or speaker’s views that they find offensive, contentious or unacceptable, but are nonetheless within the law, and unlikely to be considered unlawful harassment or discrimination under the Equality Act 2010.

3.4. There are other legislative requirements that may be relevant in particular cases. For example, there are offences if speech encourages terrorism or amounts to the incitement of religious or racial hatred under the Terrorism Acts or hatred on the grounds of sexual orientation under the Public Order Acts, as well as statutory requirements relating to the holding of processions and assemblies. The University is not under any obligation to secure or promote freedom of speech that contravenes any legislative requirements.

3.5. Academic freedom means freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions without being at risk of being adversely affected. An individual would be deemed to have been adversely affected if they had either lost their job or privileges at the University or experienced a reduction in the likelihood that they would secure a promotion or different job at the University.

3.6. The University is committed to ensuring that academic staff have the freedom to question and test received wisdom and put forward new ideas and opinions without placing them at risk of losing their job, privileges or future opportunities. Academic freedom shall extend to all academic staff and to any visiting or guest lecturer invited by the University.

4.1. The University recognises the overarching value of freedom of speech within the law for higher education institutions and supports and promotes freedom of speech and academic freedom within the law as a fundamental principle of a democratic society and one that is central to further and higher education.

4.2. The core mission of colleges and universities is the pursuit of knowledge, and the principles of free speech and academic freedom are fundamental to this purpose. Freedom of speech and academic freedom provide an environment to advance new ideas, encourage productive debate and challenge conventional wisdom. These freedoms help ensure that students develop the skills to question, debate, think critically and develop confidence in forming and discussing their own views and opinions. Freedom of speech and academic freedom therefore receive a very high level of protection.

4.3. The University places a very high level of protection for the lawful expression of a viewpoint and the starting point is that speech is permitted, unless otherwise restricted by law. The University will ensure the use of the University’s premises is not denied on grounds connected with the beliefs, views, policies or objectives of an individual or body, as long as such use is at all times within the law. All events taking place on the University’s premises are private, unless the public is expressly invited to attend.

4.4. At the University all staff and students are entitled to teach, learn and research in a culture that values vigorous debate, including in relation to difficult, contentious or uncomfortable topics. The University recognises that this may sometimes include speech that is shocking, disturbing or offensive but otherwise lawful.

5.1. The University will ensure that its teaching, curriculum, policies and procedures reflect its duties to ensure, so far as is reasonably practicable, freedom of speech and academic freedom within the law. In particular:

a) its processes for course development and approval, quality assurance and academic assessment will respect the rights of freedom of speech and academic freedom;

b) its processes for facilitating research will respect the rights of freedom of speech and academic freedom;

c) no individual will be subjected to disciplinary action or any less favourable treatment by or on behalf of the University because of the lawful exercise of freedom of speech or academic freedom; and

d) it will not restrict the exposure to students of ideas because they are controversial or unpopular or because some (or many) may find them offensive.

It should be noted that association with the University, as an academic institution and charity with the express object of advancing knowledge, education and research for the public benefit, confers a degree of authority and legitimacy on views and provides privileged access to a scholarly audience for the speakers it hosts. In assessing what is reasonably practicable to do to ensure and promote freedom of speech and academic freedom in any case, the University does not regard itself as obliged to provide a platform to individuals who wish to promote views that are manifestly at odds with its charitable objects, with empirically verifiable objective facts or not susceptible to reasoned enquiry and debate. Staff and students making decisions about invitations to speakers should always assess carefully the contribution that a discussion or event will have to the advancement of education in a university setting, and what form the event should take to best deliver that outcome. The University shall deal with any contributions or inputs regarding such assessment and or event with utmost discretion to ensure the promotion and protection of the principles relating to freedom of speech and academic freedom are upheld at all times.

5.2. The University does not enter into non-disclosure agreements related to complaints about sexual misconduct, bullying or harassment.

5.3. The University is aware that the terms of certain overseas funding, including funding from endowments, gifts, donations, research grants and contracts, and educational or commercial partnerships, from any overseas country, may present a risk to freedom of speech and academic freedom. Therefore, the University has processes in place to ensure that risks to freedom of speech or academic freedom are identified and appropriately managed.

5.4. To deliver its responsibility to promote and secure freedom of speech and academic freedom, the University shall:

a) bring the provisions of section A1 of the Higher Education and Research Act 2017 to the attention of students annually; and

b) draw the attention of students to this Code of Practice and the accompanying statement annually.

5.5. The University shall also:

a) ensure that this Code of Practice is brought to the attention of new students at registration and new staff during induction;

b) ensure that all staff receive training on freedom of speech and academic freedom;

c) periodically survey staff, students and other stakeholders to secure their views on whether freedom of speech and academic freedom at the institution are being adequately protected and take the findings into account;

d) ensure that there are adequate measures in place to raise concerns about freedom of speech and academic freedom;

e) ensure that when new policies and procedures are introduced consideration is given to their impact on freedom of speech and academic freedom; and

f) monitor any concerns that have been raised about freedom of speech and academic freedom to ensure that they are addressed so far as is reasonably practical and that any lessons learned are incorporated into a review of relevant policies practices and procedures; and

g) take steps to secure compliance with this Code of Practice, including where appropriate disciplinary action.

5.6. In assessing its compliance with its duties, the University shall apply a three-step framework when assessing any measure or decision that might affect freedom of speech, as follows:

• Step 1 – an assessment as to whether the speech is within the law.
  • If yes, it will consider Step 2.
  • If no, the duty to secure free speech does not apply.

• Step 2 – consideration as to whether there are any reasonably practicable steps (positive or negative) to secure the speech.
  • If yes, those steps shall be taken.
  • If no, the University will consider Step 3.

The following, amongst other considerations, are unlikely to be relevant when considering what steps are reasonably practicable:

1. the viewpoint that any affected speech expresses, including but not limited to:
   1. whether it aligns with University’s aims or values;
   2. whether it is controversial or offensive;
   3. whether external or internal groups (for example alumni, donors, lobbyists, domestic or foreign governments, staff or students) approve of the viewpoint that the speech expresses.
2. the reputational impact of any affected speech on the University.

Legal and regulatory obligations may affect whether a step is reasonably practicable. Where the University is required by law not to do something, then doing it (e.g. permitting the speech) would be unlawful and therefore not reasonably practicable. Consideration will also be given as to whether any steps or speech interfere with the essential functions of the University and whether there is any credible evidence that they may give rise to concerns about physical safety.

• Step 3 – if there are no reasonably practicable steps to secure speech, the University will ensure that its restrictions are prescribed by law and proportionate under the European Convention on Human Rights.
  • If yes, the restrictions shall be implemented.
  • If no, the restrictions shall not be implemented as this would be inconsistent with the University’s free speech duties.

6.1. Where any individual or body subject to this Code of Practice wishes to hold an event on the University’s premises for the expression of any views or beliefs held or lawfully expressed, the starting point will be that the event shall proceed and any conditions imposed on the holding of the event shall be kept to the minimum necessary in light of any risks identified in holding the event.

6.2. Where any individual or body subject to this Code of Practice is seeking to hold an event, meeting or other activity, which is outside the normal academic curriculum, and which involves a visiting speaker, the University’s External Speakers Procedure in Annex A shall be followed.

6.3. Where the University is reasonably satisfied that the otherwise lawful expression of views at an event or meeting on the University premises is likely to give rise to disorder or threats to the safety of participants or the wider University community, the University shall consider what steps it is necessary to take to ensure:

a) the safety of all persons;

b) the maintenance of order; and

c) the security of the premises controlled by the University.

6.4. The University may impose such conditions and requirements upon the organisers as are reasonably necessary in all the circumstances, ensuring that the conditions and requirements go no further than is necessary to address the risks it has identified. These may include but are not limited to: requirements as to the provision of security/ stewards, the speaker being part of a panel, ensuring that a member of staff is in attendance or requiring that the event takes place in alternative premises, at a later date or in a different format.

6.5. The University shall only pass on the costs of security for using the premises to those arranging the relevant event or meeting in exceptional circumstances. Circumstances shall be exceptional when the security costs exceed £200. The University’s decision on whether or not to pass on costs will not to any extent be influenced by:

a) in relation to any individual, their ideas or opinions;

b) in relation to any body, its policy or objectives or the ideas or opinions of any of its members; and

c) in relation to the event, the ideas or opinions likely to be expressed at it, provided these are within the law.

6.6. Where the University concludes that imposing conditions would not be sufficient to prevent serious disorder within premises subject to its control, it may decline to permit the meeting to proceed.

7.1. Everyone has the right to free speech within the law. The University expects students, staff and visitors to ensure that freedom of speech within the law is assured.

7.2. The University seeks to expose its staff and students to the widest possible range of ideas and views. All persons to whom this Code of Practice applies are required to observe the principle of freedom of speech and expression while on the University’s premises and shall show respect and tolerance towards the expression of views, opinions and beliefs of others, even though those views, opinions or beliefs may run contrary to their own personal views, opinions or beliefs.

7.3. A member of staff or student who organises an event on the University’s premises shall be responsible for ensuring, as far as is reasonably practicable, that the event is conducted in a manner to promote freedom of speech whilst maintaining good order and academic discipline and does not involve or lead to damage to property or an infringement of the law. Speakers remain responsible for their own compliance with the law.

7.4. The University staff and students are required to ensure that they do not wilfully engage in conduct that prevents, obstructs or disrupts the holding or orderly conduct of any meeting or other lawful activity that takes place on the University’s premises.

7.5. Nothing in this Code of Practice shall be taken to prohibit the lawful exercise of the right to peacefully protest. Protests against an event must be conducted without infringing the rights of others, including others’ rights to freedom of speech. No protest should prevent an event allowed under this Code of Practice from going ahead as scheduled. A protest will not be restricted because it expresses support for a particular legally expressible viewpoint, however (in certain fact-sensitive circumstances) it may be necessary and appropriate for providers to regulate the time, place and manner of a protest.

7.6. Infringements of, or departures from, this Code of Practice in whatever respect may render those responsible subject to disciplinary proceedings. In addition to disciplinary proceedings, breaches of the law may give rise to prosecution. All students and members of staff are under an obligation to assist with any investigation into any allegation of a breach of this Code of Practice.

8.1. The University shall take steps to secure compliance with this Code of Practice, including where appropriate disciplinary action.

8.2. If an offence is allegedly committed at or in connection with an event to which the provisions of this Code of Practice apply, in addition to any internal disciplinary procedures (staff or student) that may be appropriate, the University may take steps to assist the police in identifying any persons committing offences.

8.3. Any concerns or complaints regarding this Code of Practice or the actions of the University in respect of it should be directed to freedomofspeech@staffs.ac.uk which shall be dealt with by the appropriate University department and reported to the Vice Chancellor & Chief Executive. The University shall implement a rapid triage process to ensure swift dismissal of complaints about speech that do not warrant further investigation.

8.4. The Office for Students (OfS) operates a free speech complaints scheme. Under that scheme, the OfS can review complaints about free speech from members, students, staff, applicants for academic posts and (actual or invited) visiting speakers. Information about the complaints that the OfS can review is available on its website link Raising concerns about free speech - Office for Students.

9.1. The University shall record all decisions that are likely to have a substantial (positive or negative) effect on freedom of speech within the law.

9.2. The Vice Chancellor & Chief Executive is authorised by the University’s governing body to act on its behalf to ensure compliance with this Code of Practice.

9.3. The Vice Chancellor & Chief Executive shall review this Code of Practice annually and recommend amendments to it for consideration by the governing body as appropriate or necessary.